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HomeMy WebLinkAboutO-1377-10-95ORDINANCE NO. 1377-10-95 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, SO AS TO AMEND SECTION 4.03 ENTITLED "CHANGES AND AMENDMENTS;" PROVIDING FOR EXl 1131T "A," SECTION 4.03 OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WIINREAS, the City Council of the City of Allen has met with the Allen Independent School District and has reviewed the need to assist the Allen Independent School District with the reservation of school sites; and, WHEREAS, the City Council of the City of Allen has determined that there is a need to amend Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, in order to provide a method of assisting the Allen Independent School District with the reservation of school sites; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT. SECTION 1: From and after the effective date of this ordinance, City of Allen Comprehensive Ordinance No. 829-11-87, as previously amended, be, and the same is hereby, amended as indicated by Exhibit "A," Section 4.03 of the Comprehensive Zoning Ordinance, attached hereto and made a part hereof for all purposes. SECTION 2: All ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3: Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 4: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 5: This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 19TH DAY OF OCTOBEP. , 1995. APPROVED: GSI" 7e2-e�� oe Farmer, MAYOR ROVE D TO FORM: ATTEST: DZ — A. Don Crow er, ATTORNEY J#ffy Mo n, CMC, CITY SECRETARY OF.DRU\N- CE NO. 1377-10-95 EXHIBIT "A" 4.03 CHANGES AND AMENDMENTS - Under the provision of Article 1011 (VARCS), the City Council by their own initiative may from time to time amend, supplement or change by Ordinance the boundaries of the districts or the regulations herein established. Submission to Planning Commission - Before taking any action on any proposed amendment, supplement, or change in the Ordinance, the City Council shall submit the proposed revision to the Planning and Zoning Commission for its review, recommendation, and report. If Community Facilities are identified in the Comprehensive Plan (Plates 8 and 8-A), then they should be indicated on the land use plan after determinations have been made by the City and/or School District as to the appropriateness of the site reservation. 2. Public Hearing and Notice - Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one (1) public hearing thereon. Written notice of all public hearings on proposed changes shall be sent to all owners of property, or to the person rendering the same for City taxes lying within two hundred (200) feet of the property on which the change of zoning classification is proposed, not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as shown on the last approved City tax roll, and depositing the notice, properly addressed and postage paid, in the City Post Office. Notice of hearings on proposed changes in zoning regulations affecting the City in - general shall be accomplished by one (1) publication, one (1) time in a newspaper of general circulation in the City, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first date of publication. 3. Commission Report - The Commission, after the public hearing is closed, shall prepare a written report on the requested change stating its findings, its evaluation of the request in relation to the established criteria and the relationship of the request to the adopted City Plan, and its recommendation thereon. The Commission may defer its report for not more than ninety (90) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the Commission shall report its findings after considering the following criteria: a. Is there a public need for additional land space to be rezoned as requested? b. Is there an alternate area for the use requested that would eliminate the need for rezoning? C. If a public need exists, should rezoning be done in the area requested or would the public interest be better served if rezoning was done in other areas? OP.D IItiA= NO. 1377-10-95 d. Would granting the rezoning request conform to the present future land use plan of the City. e. Would granting the request adversely affect the property values of adjacent land owners to an unreasonable degree? Would the request impose undue hardships, such as noise, neon signs, lights, odors, or other nuisances on adjacent land owners? g. Would necessary utilities be available at this time or adequately planned? h. If granted, what additional public services would be required? Is the property located within a school or park service boundary as delineated on Plates 8 and 8-a of the Comprehensive Plan and been determined to be the appropriate site for reservation? If so, is it being reserved through the zoning process and under what conditions? School sites should be adjacent to a park site whenever possible. Would physical impact of requested zoning have adverse affect upon the City's budget (Capital and Operating), that is, would added cost exceed anticipated revenues? Was there an error or oversight in preparing the original zoning map which indicates this zone being requested should have been included then? Is this change really needed by the public or is it merely a convenience to the owner? Is this change considered spot zoning? 4. Council Hearing - A public hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change to the Ordinance. Notice of such hearing shall be given by publication one (1) time in a newspaper of general circulation in the City, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first date of publication. 5. Negative Recommendations: Written Protest - An amendment, supplement, or change shall not become effective except by favorable vote of three-fourths (3/4) of all members of the Council: a. If the Commission recommends disapproval of the proposed change, or b. If written protest against such change signed by the owners of 20% or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet ORDINAi3CE 140. 1377-10-95 therefrom. In computing the percentage of land area, the area of streets and alleys shall be included in the computation. Protests signed by property owners may be filed prior to or at one of the public hearings conducted by either the Commission or the Council. Written protests filed with the Commission shall be for warded to the Council with the Commission's recommendation on the request. 6. Sian - A sign shall be erected by the owner of the property on which the change or classification is requested, no less than ten (10) days prior to the public hearing held by the City Council. Such sign shall be a minimum of three (3) feet by six (6) feet in size and shall face and be within thirty (30) feet of the closest, adjacent, most heavily traveled thoroughfare. This sign shall state in bold letters of at least three (3) inches in height the current zoning, the requested change, and the time and date and location of the public hearing. The quality, design, and structure of the sign must be approved by the Building Official prior to erection. This requirement shall be waived if the property does not abut a dedicated street. The owner of the property is responsible for removal of the sign immediately following the public hearing. 7. Limitation on Re -Submission of Petition - No amendment, supplement, change, or appeal of any section of this Ordinance which has been legally rejected by both the Planning and Zoning Commission and the City Council shall be again considered either by the Planning and Zoning Commission or the City Council on an appeal or petition by an appellant or application before the expiration of one (1) year from the date of the original action. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1377-10-95 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on October 25 & October 28, 1995 and which was issued on October 25, 1995 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. SUBSCRIBED A RN to before me this (� day A.D. 19 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publishers fee $ 4 6 . 7 6 V. A. TODD *; '= MY COMMISSION EXPIRES December 5, 1696 o� CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, October 5, 1995 (Title and Penalty Clause only): Ordinance No. 1377-10-95: An Ordi- nance of the City of Allen, Collin County, Texas, Amending Ordinance No. 829-11-87, Comprehensive Zoning Ordi- nance, as Previously Amended, so as to Amend Section 4.03 Entitled Changes and Amendments; Providing for Exhibit "A" Section 4.03 of the Comprehensive Zoning Ordinance; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000); Providing for a Severabil- ity Clause; and Providing for an Effective Date. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000)for each offense. A Copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary -- I CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at I their regular meeting held on Thursday, October 5, 1995 (Title and Penalty Clause Ordinance No. 1377-10-95: An Ordi- nance of the City of Allen, Collin County, Texas, Amending Ordinance No. 829-11-87, Comprehensive Zoning Ordi- nance, as Previously Amended, so as to Amend Section 4.03 Entitled Changes and Amendments; Providing for Exhibit "A" Section 4.03 of the Comprehensive Zoning Ordinance; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000); Providing for a Severabil- ity Clause; and Providing for an Effective Date. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000)for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary